Civil Appeals & Writs

Weintraub Tobin attorneys offer expert representation in all aspects of civil appeals, including state, federal, and arbitration cases. We take pride in our ability to provide the highest quality appellate options and solutions for our clients. Our attorneys have specialized expertise in all forms of pre-trial and post-trial extraordinary writs, interlocutory appeals, post-trial motions, and appeals.

Representative Published Cases

In Re Morning Star Packing Co., LP v. United States District Court (9th Cir. 2013) 711 F. 3d 1142 compels federal trial courts to award restitution to victims of fraud or deceit even if assessing such restitution would be a complex and time consuming exercise. Weintraub represented Morning Star Packing Co., LP (successful on petition for extraordinary writ).

In Re Mark B v. Leslie B (2007) 149 Cal.App.4th 61. Can a juvenile court issue sanctions pursuant to section 128.7 of the California Code of Civil Procedure? The answer is now “yes”, as determined in this case. Weintraub represented respondent/real party-in-interest Dale Wilson (successful on appeal).

Cummings v. Future Nissan (2005) 128 Cal.App.4th 321 establishes that arbitration agreements providing for a second level review of an arbitration award by a second private arbitrator are enforceable in California, and that objections to arbitration must be raised at the outset or they are waived. Weintraub represented respondent Future Nissan (successful on appeal).

Estate of Goyett v. Harkey (2004) 123 Cal.App.4th 67 stands for the rule that a testator’s use of the term “my money” was properly interpreted to include essentially all of the testator’s financial assets including bank accounts, certificates of deposit, money market accounts, treasury bills, and savings bonds. Weintraub represented respondent Vivian York (successful on appeal).

Khajavi v. Feather River Anesthesia Medical Group (2000) 84 Cal.App.4th 32 establishes, that among other things: (1) the “good cause” standard applied to implied contracts not to terminate employment except for good cause did not apply to contracts for a specified term under California Labor Code section 2924; and (2) Business and Professions Code section 2056, which protects physicians who advocate for medically-appropriate healthcare from retaliation, applies in contexts other than disputes with a healthcare payor. Weintraub represented appellant Dr. Khajavi (partial success on appeal).

Channel Lumber Co. v. Porter Simon (2000) 78 Cal.App.4th 1222 provides that a corporation’s attorneys are not “agents” as defined by Corporations Code section 317 and, thus, are not entitled to reimbursement of fees in defending against a malpractice action from its former client. Weintraub represented appellant Channel Lumber (successful on appeal).

Oliver v. AT&T Wireless Services (1999). Does the presence of an unsightly structure, in this case a microwave tower, support a claim by a neighbor that the tower constitutes a private nuisance? The California Court of Appeal said “no”. Weintraub represented respondent AT&T Wireless (successful on appeal).

 
 
Brendan Begley Presents at Employment Litigation 2019

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ERISA Litigation Developments: Implications in 2016 and Beyond LIVE Webcast

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24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2019

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24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2018

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21 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2017

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18 Weintraub Tobin Attorneys Named to Sacramento Magazine’s Top Lawyers List 2016

  SACRAMENTO, California – July 25, 2016 – Weintraub Tobin Law Corporation congratulates its 18 attorneys who have been included in Sacramento magazine’s 2016 Top Lawyer List. David C. Adams | Business/Corporate, 

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20 Weintraub Tobin Attorneys Named to Sacramento Magazine’s Top Lawyers List 2015

  SACRAMENTO, California – August 7, 2015 – Weintraub Tobin Chediak Coleman Grodin Law Corporation congratulates its 20 attorneys who have been included in Sacramento magazine’s  Top Lawyer List 2015. David C.

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Download: Super Lawyers 2013.pdf SACRAMENTO, Calif., July 8, 2013 – Weintraub Tobin Chediak Coleman Grodin, a business law and business litigation law firm congratulates seven attorneys on being named as one of the Top 25 Sacramento Super Lawyers of 2013.

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California Appeals Order Barring Enforcement of New Anti-Arbitration Law

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Two Key Things You Need to Know About the 2016 Federal Rule Changes

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Appellate Law Section’s 2012 CA Supreme Court Year-in-Review

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